Legal Opinion

Whitmore v. H. K. Webster Co.

Massachusetts Supreme Judicial Court

Decided November 25, 1908Published

Tort for personal injuries alleged to have been received by the plaintiff while in the employ of the defendant in its grinding mill. Writ in the Superior Court for the county of Essex dated January 8, 1906. There was a trial before Dana, J. The facts are stated in the opinion.

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Tort for personal injuries alleged to have been received by the plaintiff while in the employ of the defendant in its grinding mill. Writ in the Superior Court for the county of Essex dated January 8, 1906. There was a trial before Dana, J. The facts are stated in the opinion. At the close of the plaintiff’s evidence, the presiding judge directed a verdict for the defendant and, by agreement of the parties, reported the case for determination by this court, judgment to be entered on the verdict if his ruling was right ; otherwise judgment to be entered for the plaintiff for the sum of 18,500.

1Opinion of the CourtSheldon, J.

The plaintiff was injured in consequence of having inserted his hand into the feeder and rolls of a grinding mill, to clean- away corn which had gathered upon the rolls. Martin, the miller, had raised the counter-shaft to stop the mill, but by reason of the belt which operated the driving pulley having been recently made too short, or the pulley having been raised too high, the effect of what Martin did was, as it might have been found, to stop only one set of the rollers, the slow rollers as they were called, and to leave the other set, the fast rollers, revolving, although more slowly than…

2Cases cited5 opinions

  1. Robinska v. MillsMassachusetts Supreme Judicial Court · 1899
  2. Kelley v. Calumet Woolen Co.Massachusetts Supreme Judicial Court · 1900
  3. Daily v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1904
  4. Silvia v. Wampanoag MillsMassachusetts Supreme Judicial Court · 1900
  5. Meunier v. Chemical Paper Co.Massachusetts Supreme Judicial Court · 1901

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